Legal Opinion
Cerron v. GMAC Mortgage, LLC
District Court of Appeal of Florida
Decided July 18, 2012No. 2D11-3425PublishedCited by 3 opinions
1Opinion of the Court
NORTHCUTT, Judge.
Jorge Cerrón, pro se, appeals a final summary judgment of foreclosure on a mortgage in favor of GMAC Mortgage, LLC, the successor to the original lender. We reverse because GMAC failed to refute Cerron’s affirmative defense alleging lack of notice.
GMAC filed a complaint seeking to foreclose a mortgage given by Cerrón, and it alleged generally that all conditions precedent to acceleration had been performed or had occurred. The complaint attached a copy of the mortgage, paragraph 22 of which required the lender to give thirty days’ written notice of default prior to…
2Cases cited3 opinions
- Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
- Taylor v. Bayview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2011
- Coral Wood Page, Inc. v. Gre Coral Wood, LpDistrict Court of Appeal of Florida · 2011
3Cited by3 opinions
- DiSalvo v. SunTrust Mortgage, Inc.District Court of Appeal of Florida · 2013
- Gator Boring & Trenching, Inc. v. Westra Construction Corp.District Court of Appeal of Florida · 2016
- Tm Wireless Communication Services v. All CommerceDistrict Court of Appeal of Florida · 2018